What are the most common types of product liability cases?


When dealing with an injury caused by a product liability such as a lawn mower or a medical device, it is often tempting to assume that you made a mistake that led to your misfortune.

After all, do most products go through rigorous tests and evaluations before being released on the market? While it is true that products intended for public consumption are expected to live up to certain regulations, the truth is that any product can fail. 

Never assume that it is your fault that you or a loved one are injured while using a particular product. Here are six common types of product liability claims that lawyers deal with every day across the country.

  1. Auto spare parts. A very common and highly publicized type of product liability issue, auto parts defects can occur in any part of the vehicle, from the engine and brakes to airbags and other safety devices.
  2. Medical devices. Medical devices such as hip replacements, pacemakers, walkers and prostheses can have serious and even fatal defects.
  3. Garden equipment. Lawn mowers, chain trimmers, and tractors are all complex robotic devices capable of causing injury to users if they contain defects or are not properly labeled.
  4. Children's toys. We all work hard to keep our children safe from harm, which is why it is especially certain when we find out that their toys have been recalled due to a serious defect.
  5. Home improvement tools. Home improvement tools such as electric drills, saws, and electrical equipment must be properly labeled by manufacturers to ensure proper handling by users.
  6. Medications, including over-the-counter medications such as pain relievers, have been recalled in the past due to unnamed side effects or contamination.

Product liability cases 2022

Major product liability issues so far in 2022 include a ruling in West Virginia against local governments seeking dispensation from drug distributors due to the ravages of the opioid crisis and a landmark settlement with gun maker Remington to end claims filed by families of Sandy Hook victims.

Other cases include setbacks for Monsanto in the appeal of multimillion-dollar jury verdicts in favor of plaintiffs who said that the company Roundup caused cancer.

Here is the Law 360 list of the highest product liability issues so far in 2022

3M Earplug Trial Verdicts Pile Up

Six pilot trials of 3 million allegedly defective earplugs were conducted in the first half of 2022, bringing the total number of trials to 16. Among those trials, selected from an initial pool of cases that were withdrawn from consolidated litigation in Florida federal court, there were 10 victories for veterans and service members who say the Kaif-2 earplugs failed to protect their hearing, and the verdicts awarded nearly 3 300 million in total damages.

For its part, 3m argues that the military bears some responsibility for how earplugs are designed and delivered.

The latest حكم 77.5 million judgment, also the largest, was handed down in May to James Bell, who received 5 5 million in compensatory damages and 7 72.5 million in punitive damages for bilateral tinnitus and noise-induced hearing loss.

Created in April 2019, multi-county litigation encompasses cases brought by hundreds of thousands of veterans and military service members. The cases allege that 3M and its subsidiary aero Technologies LLC. M. M. M supplied the army with Kiev-2 earplugs that were defective.

The trials have caught the attention of lawyers because of the scale of the drug law, the speed with which cases have advanced and the unusual number of pilot trials.

"Usually in multi-district litigation, you do some advocacy. "There is a certain level of consistency in the results and then, the parties can find a way to potentially resolve the broader spectrum of multi-area litigation issues,"said Paul Benson of Michael Best & Friedrich LLP. "But as far as I can tell, from the point of view of an outsider, 3 million bells are all over the map."

In June, the federal judge overseeing the litigation ordered the parties to begin mediation and try to reach a settlement in good faith before the district courts were "inundated" with cases from MDL.

U.S. District Court Judge M. Casey Rodgers the drug law is at a "critical juncture", since all the necessary evidence has been identified to assess the plaintiffs ' claims, and the recent conclusions of the leading cases give the parties a clear idea of the risks and possible consequences of litigation.

Product liability lawsuit examples

Plaintiffs in product liability cases often use all available theories to obtain a refund. This means that if you are injured by a product, your lawyer may claim negligence, breach of warranty and strict liability. The theory of recovery does not affect the amount of recovery.

  • Defective Design—designs makes product inherently dangerous:

The person's face, neck and back were burned because the pressure cooker he was using could be opened before the pressure was lowered on him. The plaintiff opened the cooker according to his design, and sprayed the scalding contents on the plaintiff.

  • Defective Design—Missing Safeguards:

The plaintiffs recovered when the dangerous machines they were using (lawn mower, snow blower, industrial equipment) did not have adequate security designed, such as automatic shut-off and guards keeping their hands off dangerous areas of equipment.

  • Defective Design/Hidden Defect—Medical Devices:

Some medical devices have unknown effects on the body that become known only after they are approved and used. 

When a defective medical device causes additional injury, illness, the need for additional surgery, or death, a person may recover from his injuries. 

The latter case involves a common hip replacement device that has caused new injuries to patients who need a new hip replacement. The company then recalled the device, and is now dealing with the damage of those who were injured due to the defective device.

Failure to Warn—Inadequate Instructions/Safety Warnings:

  • When a product liability is dangerous or more dangerous because it comes with defective or inadequate instructions on assembly, use or storage, injured people may recover as a result of their injuries.
  • Malfunctions:
  • The person was making fresh pasta using a machine designed to turn off when the user opens the lid. In this case, when the person opened the lid, the device malfunctioned and did not close, causing injuries that led to amputation of the person's hand. The manufacturer of the device was in Italy and does not have an office or employees in the United States.
  • A malfunctioning pool heater emitted lethal amounts of carbon monoxide resulting in the death of a swimmer. The swimmer's property was restored for wrongful death.

Hidden Defects/Defective Processes: Toxic Food:

When people get sick from eating processed food on a dirty or contaminated plant, they can recover from their injuries.

Hidden Defects—Toxic Chemicals in Products:

When the product contains toxic components, injuries can arise years after the product liability was purchased, installed or used. Materials such as lead in paint, asbestos in insulation, DIY.De.

T-spraying on crops have all been the subject of litigation. If you have been poisoned or injured due to the toxic components contained in the product, you can recover the damages.

Hidden Defects—Dangerous Medications:

Some drugs have serious but little-known side effects that become known only after they are approved and used. When an unknown side effect causes severe injury, illness, birth defects, or death, a person may recover from their injuries. 

The most famous case of this kind was about synthetic estrogens, dis, causing many severe birth defects in children and increasing the risk of cancer in mothers.

I have been injured by a defective or malfunctioning product:

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